Skip to Content
Streetsblog New York City home
Streetsblog New York City home
Log In

Court Document Details Aftermath of Crash That Killed Victor Felix

The driver who allegedly struck and killed pedestrian Victor Felix had a blood alcohol content over the legal limit for driving and showed signs of intoxication three hours after the crash, according to a court document.

Felix, 57, was crossing Adam Clayton Powell Boulevard near W. 146th Street in Harlem when he was struck at approximately 8:28 p.m. Sunday. The criminal court complaint says that Garry Kinloch, 48, was found by police "sitting on the curb next to an Acura MDX SUV ... with front end damage including a dented front fender and broken front windshield," with "an unconscious man ... lying nearby in the street."

A witness says Victor Felix was struck with such force that he went 15 feet into the air. Photo: Post

The report says Kinloch told an officer: "I'm sorry. I had the green light. He just came out of nowhere. I didn't see him."

The Post quoted a witness who described the crash:

“All of the sudden, he just walked into the street,” said Richard Gomez, 29, a friend of the victim. “He didn’t wait for the light.”

Gomez said Felix was struck with so much force that “he went 15 feet straight up.”

At around 9:30 p.m., an NYPD Highway Patrol officer administered a portable breath test. Test results indicated that Kinloch had a blood alcohol content of .089, the complaint says. The legal limit for driving in New York State (not for walking, as many city reporters and editors seem to believe) is .08.

At approximately 11:27 p.m., a second officer administered a second breath test, which according to the complaint detected a blood alcohol content of .059 percent. The complaint says that at the time of the second test the administering officer "detected a slight odor of an alcoholic beverage on the defendant's breath," and that "the defendant at times appeared unsteady on his feet during coordination tests and at times failed to follow instructions during coordination tests."

Kinloch, whom the Post identified as a maintenance worker for NYPD, was charged with DWI and driving while ability impaired. According to an online court database, his next court date is today. As of this writing Kinloch faces no charges for the death of Victor Felix.

Stay in touch

Sign up for our free newsletter

More from Streetsblog New York City

Thursday’s Headlines: Paris is a Lot Cooler than NYC Edition

The City of Light has figured out how to reduce the heat island effect. Plus other news in today's daily digest.

July 18, 2024

Exclusive: Legal Team Announced for Suit Against Hochul’s Congestion Pricing ‘Pause’

Attorneys from three firms have inked a joint defense agreement to fight "the governor’s illegal decision to cancel congestion pricing," Comptroller Brad Lander said.

July 17, 2024

Brooklyn BP Wants Mayor Adams To Do More To Reduce Parking

Brooklyn Borough President Antonio Reynoso's recommendation on City of Yes: Eliminating parking mandates is not enough!

July 17, 2024

Wednesday’s Headlines: Citi Bike By the Numbers Edition

Haters of Citi Bike are really going to detest the new website. Plus other news.

July 17, 2024

Once Again, There is More Evidence that Safer Streets Help Local Business

...and there's more insight into why people simply don't believe it.

July 17, 2024
See all posts